HomeMy WebLinkAboutResolution 2008-002• RAW !
A RESOLUTION DIRECTING ABATEMENT ACTION
RESOLUTION NO 2008-002
WHEREAS, on March 6, 2006, the Lake Elmo City Council adopted
Resolution 2006 -025 which declared that all private wells located within the West
Central Lake Elmo Area ("WCLE Area ") are known or potential health hazards.
The determination of the City Council is based upon data received from the
Minnesota Department of Health, the Minnesota Pollution Control Agency, and
the City's Consulting Engineer; and
WHEREAS, Resolution 2006 -025 also directed that the wells located within
the WCLE Area be sealed and that the private dwellings within the WCLE Area
be connected to the City's water system when it became available; and
WHEREAS, on June 6, 2006, the Lake Elmo City Council adopted Resolution
2006 -047 which awarded a contract for the construction of water main, water
connections, and the sealing of wells ( "Improvement Project ") within the WCLE
Area; and
WHEREAS, the water main portion of the Improvement Project is
substantially complete and the City's water system is available to the parcels
within the WCLE Area; and
WHEREAS, the City has sent certified letters to the property owners within
the WCLE Area requesting that the City be allowed to enter upon their property
in order to connect the residential dwellings to the City's water main and to seal
their private wells; and
WHEREAS, the following property owners, have allowed the City to
connect their homes to the City's water system, but have not consented to
having their wells capped and sealed ( "lion - Compliant Property Owners "):
55042
David L. Cubus and Teresa M. Truax 8488 Stillwater Blvd., Lake Elmo, MN
Linda Hardy 2742 Ivy Ave., Lake Elmo, MN 55042
WHEREAS, some of the known and potential health hazards, as originally
determined by the adoption of City Council Resolution 2006 -025 continue to
exist on the parcels owned by the Non - Compliant Property Owners.
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NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council:
Directs the City Administrator or her designee to send a written
notice to the Non- Compliani Property Owners, by certified mail,
indicating that such property owners have five (5) business days
from the date of the written notice to allow the City and its
contractors onto such property in order to abate the health hazard
nuisance; and
2. In the event that the health hazard nuisance is not abated pursuant
to the first stated directive, the Lake Elmo City Council further directs
the City Attorney to commence the appropriate civil proceedings
in order to abate the health hazard nuisance and in order to
recover all costs incurred by the City, including reasonable
attorney's fees.
Dated:
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ATTESTED BY:
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Susan Hoyt
Its: City Administrator
Ayes
Mayor Johnston g
Council Members
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Johnson g
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CITY OF LAKE ELMO f ,..,._._........._......_..
By:
Dean Johnston
Its: Mayor